Professional Documents
Culture Documents
I. Legal Ethics: San Beda College of Law
I. Legal Ethics: San Beda College of Law
1
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
I. LEGAL ETHICS
PRELIMINARY MATTERS ESSENTIAL CRITERIA DETERMINATIVE
OF ENGAGING IN THE PRACTICE OF
Legal Ethics – branch of moral science LAW: (HACA)
which treats of the duties which an 1. Habituality- implies
attorney owes to the court, to his client, customarily or habitually holding
to his colleagues in the profession and to oneself out to the public as a
the public. lawyer
- It is the embodiment of all 2. Compensation- implies
principles of morality and refinement that one must have presented
that should govern the conduct of every himself to be in the active
member of the bar. practice and that his professional
services are available to the
PRIMARY CHARACTERISTICS WHICH public for compensation, as a
DISTINGUISH THE LEGAL PROFESSION source of his livelihood or in
FROM BUSINESS consideration of his said
1. A duty of public service services.
2. A relation, as an “officer of the 3. Application of law, legal
court”, to the administration of principle, practice, or
justice involving thorough procedure which calls for legal
sincerity, integrity and reliability knowledge, training and
3. A relation to clients with the experience
highest degree of fiduciary 4. Attorney – client
4. A relation to the colleagues at relationship
the bar characterized by candor,
fairness and unwillingness to PRIVATE PRACTICE
resort to current business Private practice is more than an
methods of advertising and isolated appearance for it consists of
encroachment on their practice, frequent or customary actions, a
or dealing directly with their succession of acts of the same kind.
clients.
NOTE: An isolated appearance does
PRACTICE OF LAW not amount to practice of law of a public
officer if allowed by his superior in
CASE: Any activity in or out of court exceptional cases.
which requires the application of law,
legal principle, practice or procedure NOTE: The practice of law is not a
and calls for legal knowledge, training natural, property or constitutional right
and experience. (Cayetano vs Monsod, but a mere privilege. It is not a right
201 SCRA 210) granted to any one who demands it but a
Strictly speaking, the word privilege to be extended or withheld in
practice of law implies the customary or the exercise of sound judicial discretion.
habitual holding of oneself to the public It is in the nature of a franchise
as a lawyer and demanding conferred only for merit which must be
compensation for his services. [People earned by hard study, learning and good
vs. Villanueva 14 SCRA 111] conduct. It is a privilege accorded only
to those who measure up to certain rigid
standards of mental and moral fitness.
Those standards are neither dispensed
with nor lowered after admission. The
attorney’s continued enjoyment of the
privilege conferred depends upon his
complying with the ethics and rules of 6. Ordain the integration of the
333the profession. Philippine Bar
But practice of law is in the 7. Punish for contempt any person
nature of a right. While the practice of for unauthorized practice of law
law is a privilege, a lawyer cannot be 8. Exercise overall supervision of
prevented from practicing law except for the legal profession
valid reasons, the practice of law not 9. Exercise any other power as may
being a matter of state’s grace or favor. be necessary to elevate the
He holds office during good behavior and standards of the bar and
can only be deprived of it for misconduct preserve its integrity.
ascertained and declared by judgment of
the Supreme Court after opportunity to On the other hand, the
be heard has been afforded him. The LEGISLATURE, in the exercise of its
state cannot exclude an attorney from POLICE POWER may, however, enact
the practice of law in a manner or for laws regulating the practice of law to
reasons that contravene the due process protect the public and promote the
or equal protection clause of the public welfare. But the legislature MAY
Constitution. NOT pass a law that will control the SC
in the performance of its function to
POWER TO REGULATE THE PRACTICE decide who may enjoy the privilege of
OF LAW practicing law and any law of that kind is
unconstitutional as an invalid exercise of
CASES: The Constitution [Art. VIII, legislative power.
Sec. 5(5)] vests this power of control and
regulation in the Supreme Court. The
constitutional power to admit candidates WHO MAY PRACTICE LAW?
to the legal profession is a judicial
function and involves the exercise of Any person heretofore duly
discretion. Petition to that end is filed admitted as a member of the bar, or
with the Supreme Court as are other hereafter admitted as such in
proceedings invoking judicial function [In accordance with the provisions of this
re: Almacen 31 SCRA 562] rule, and who is in good and regular
The SC acts through a Bar standing, is entitled to practice law.
Examination Committee in the exercise [Sec. 1, Rule 138]
of its judicial function to admit
candidates to the legal profession. Thus,
the Committee is composed of a member REQUIREMENTS BEFORE A
of the Court who acts as Chairman and 8 CANDIDATE CAN ENGAGE IN THE
members of the bar who acts as
PRACTICE OF LAW
examiners in the 8 bar subjects with one
I. He must have been admitted to the
subject assigned to each. [In re Lanuevo,
Bar
66 SCRA 245]
a. Furnishing satisfactory proof of
The power of the SC to regulate the
educational, moral and other
practice of law includes the authority to:
qualification;
1. Define the term
b. Passing the bar
2. Prescribe the qualifications of a
c. Taking the Lawyer’s Oath before
candidate to and the subjects of
the SC
the bar examinations
A lawyer’s oath signifies that
3. Decide who will be admitted to
the lawyer in taking such an oath
practice
accepts and affirms his ethical
4. Discipline, suspend or disbar any
obligations in the performance of
unfit and unworthy member of
his duties as a lawyer and
the bar
signifies likewise his awareness
5. Reinstate any disbarred or
of his responsibilities that he
indefinitely suspended attorney
assumes by his admission to the rule of right and duty which a person
legal profession. should follow.
d. Signing the Attorney’s Roll and
receiving from the Clerk of Court ACADEMIC REQUIREMENTS FOR THE
of the SC a Certificate of the CANDIDATES
license to practice 1. Must have already
II. After his admission to the bar, a earned a Bachelor’s Degree in
lawyer must remain in good and regular Arts or Sciences (Pre-law)
standing, which is a continuing 2. Law Course – completed
requirement for the practice of law. He courses in Civil Law, Commercial
must: Law, Remedial Law, Criminal
a. Remain a member of the IBP Law, Public and International
(membership therein by every Law, Political Law, Labor and
attorney is made compulsory); Social Legislation, Medical
b. Regularly pay all IBP membership Jurisprudence, Taxation, Legal
dues and other lawful Ethics. [Sec. 5 and 6, Rule 138]
assessments, as well as the
annual privilege tax;
c. Faithfully observe the rules and APPEARANCE OF NON-LAWYER IN
ethics of the legal profession;
and
COURT
d. Be continually subject to judicial
disciplinary control. MAY A NON-LAWYER APPEAR IN COURT?
General Rule: Only those who are
licensed to practice law can appear and
handle cases in court.
BASIC REQUIREMENTS FOR
ADMISSION TO THE BAR Exceptions:
Under Section 2, 5 and 6, Rule 138, the
1. Before the MTC - a party may
applicant must be:
conduct his case or litigation in
1. Citizen of the
person with the aid of an
Philippines;
agent or friend appointed by him.
2. At least 21 years of age;
[Sec. 34, Rule 138]
3. Of good moral character;
2. Before any court – a party may
(Note: This is a continuing
conduct his litigation personally.
requirement.)
But he gets someone to aid him and
4. Resident of the
that someone must be an authorized
Philippines;
member of the Bar [Sec. 34, Rule
5. Must produce before the
138]. He is bound by the same rules
SC satisfactory evidence of good
in conducting the trial of his case.
moral character;
He cannot, after judgment, claim
6. No charges against him,
that he was not properly
involving moral turpitude, have
represented.
been filed or are pending in any
3. In a criminal case before the MTC –
court in the Phil. [Sec. 2, Rule
in a locality where a duly licensed
138];
member of the Bar is not available,
7. Must have complied with
the judge may appoint a non-lawyer
the academic requirements;
who is a resident of that province, of
8. Pass the bar
good repute for probity and ability to
examinations.
the accused in his defense. [Sec. 7,
Rule 116]
Moral Turpitude – imports an act of
4. Student Practice Rule - A law
baseness, vileness or depravity in the
student who has successfully
duties which one person owes to another
completed his 3rd year of the regular
or to society in general which is contrary
4-year prescribed law curriculum and
to the usually accepted and customary
is enrolled in a recognized law
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
4 2005 CENTRALIZED BAR OPERATIONS
authorized member of the bar to appear word “appearance” includes not only
in any case in which the government has arguing a case before any such body but
an interest, direct or indirect, or in also filing a pleading on behalf of a
which such official is charged in his client as “by simply filing a formal
official capacity. motion, plea or answer”. [Ramos vs.
Manalac 89 Phil 270]
RULES ON PUBLIC OFFICIALS Neither can he allow his name to
appear in such pleading by itself or as
REGARDING PRACTICE OF LAW part of a firm name under the signature
of another qualified lawyer because the
PUBLIC OFFICIALS WHO CANNOT signature of an agent amounts to signing
PRACTICE LAW IN THE PHILIPPINES of a non-qualified senator or
1. Judges and other congressman, the office of an attorney
officials or employees of the being originally of agency, and because
superior court he will, by such act, be appearing in
2. Officials and employees court or quasi-judicial or administrative
of the Office of the Solicitor body in violation of the constitutional
General restriction. “He cannot do indirectly
3. Government Prosecutors what the Constitution prohibits
4. President, Vice- directly”. [In re: David 93 PHIL 461]
President, members of the
Cabinet, their deputies and RESTRICTIONS IN THE PRACTICE OF
assistants LAW OF THE MEMBERS OF THE
5. Chairmen and members SANGGUNIAN
of the Constitutional They shall not:
Commissions 1. Appear as counsel before
6. Ombudsman and his any court in any civil case
deputies wherein a local government unit
7. Governors, city and or any office, agency or
municipal mayors instrumentality of the
8. Those who, by special government is the adverse party;
law are prohibited from engaging 2.Appear as counsel in any
in the practice of their legal criminal case wherein an officer
profession or employee of the national or
local government is accused of
PUBLIC OFFICIALS WITH RESTRICTIONS an offense committed in relation
IN THE PRACTICE OF LAW to his office;
1. Senators and Members of the House 3. Collect any fee for their
of Representatives appearance in administrative
2. Members of the proceedings involving the local
Sanggunian government unit of which he is
3. Retired Justice or Judge an official. [Sec. 90, R.A. 7160]
4. Civil Service officers or 4. Use property and
employees without permit from personnel of the government
their respective department except when the Sanggunian
heads [Noriega vs. Sison 125 member concerned is defending
SCRA 293] the interest of the government
RESTRICTIONS IN THE PRACTICE OF RESTRICTIONS IN THE PRACTICE OF
LAW OF MEMBERS OF LEGISLATURE LAW OF RETIRED JUSTICE/JUDGE
As a condition of the pension
CASES: A lawyer-member of the provided under R.A. 910, no retiring
legislature is only prohibited from justice or judge of a court of record or
appearing as counsel before any court of city or municipality judge during the
justice, electoral tribunals or quasi- time that he is receiving said pension
judicial and administrative bodies. The shall:
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
6 2005 CENTRALIZED BAR OPERATIONS
Client – one who engages the services of Practicing Lawyer – one engaged in the
a lawyer for legal advice or for practice of law who by license are
purposes of prosecuting or officers of the court and who are
defending a suit in behalf and empowered to appear, prosecute
usually for a fee. and defend a client’s cause.
Chapter II: The Lawyer and the Legal 22. Withdraw services only for
Profession good cause and upon notice
CANON -
7. At all times uphold the
integrity and dignity of the LAWYER’S DUTIES TO SOCIETY
Profession and support the
activities of the IBP CANON 1: UPHOLD THE CONSTITUTION
8. Conduct himself with AND OBEY THE LAWS OF THE LAND
courtesy, fairness and
candor toward his colleagues DISCOURAGING LAW SUITS
and avoid harassing tactics Under Rule 1.03, a lawyer shall not
9. Not to directly or indirectly for any corrupt motive or interest,
assist in the unauthorized encourage any suit or proceeding or
practice of law delay any man’s cause.
CRIME OF MAINTENANCE – A lawyer
Chapter III: The Lawyer and the Courts owes to society and to the court the duty
CANON - not to stir up litigation. The following
10. Owes candor, fairness and are unprofessional acts within the
good faith to the court prohibition:
11. Observe and maintain the 1. Volunteering advice to bring
respect due courts and lawsuit except where ties of
judicial officers blood, relationship, and trust
12. Duty to assist in the speedy make it a duty to do so.
and efficient administration 2. Hunting up defects in titles or
of justice other causes of action and
13. Rely upon the merits of his informing thereof to be
cause, refrain from any employed to bring suit or collect
impropriety which tends to judgment, or to breed litigation
influence courts, or give the by seeking out claims for
appearance of influencing personal injuries or any other
the court grounds to secure them as
Chapter IV: The Lawyer and the Client clients.
CANON - 3. Employing agents or runners for
14. Not to refuse his services to like purposes.
the needy 4. Paying direct or indirect reward
15. Observe candor, fairness and to those who bring or influence
loyalty in all his dealings and the bringing of such cases to his
transactions with clients office.
16. Hold in trust all the moneys 5. Searching for unknown heirs and
and property of his client soliciting their employment.
that may come to his 6. Initiating a meeting of a club and
possession inducing them to organize and
17. Owes fidelity to clients contest legislation under his
cause and be mindful of the guidance.
trust and confidence reposed 7. Purchasing notes to collect them
in him by litigation at a profit.
18. Serve client with
competence and diligence A lawyer shall refrain from
19. Represent client with zeal committing barratry and ambulance
and within the bounds of law chasing of cases.
20. Charge only fair and
reasonable fees Barratry – offense of frequently inciting
21. Preserve the confidence and and stirring up quarrels and suits. The
secrets of client even after lawyer’s act of fomenting suits among
the atty.-client relation is individuals and offering his legal services
terminated to one of them
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
13
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
copies. [Rule 12.01 Code of Professional 2. Any willful and deliberate forum
Responsibility] shopping by any party and his
lawyer with the filing of multiple
A lawyer shall NOT unduly delay petitions or complaints to ensure
a case, impede the execution of favorable action shall constitute
judgment or misuse court processes. direct contempt of court;
[Rule 12.04, Code of Professional 3. The submission of a fake
Responsibility] certification under par. 2 of the
Circular shall likewise constitute
CASE: The Court further commented contempt of court, without
that it is understandable for a party in prejudice to the filing of a
the situation to make full use of every criminal action against the guilty
conceivable legal defense the law allows party. The lawyer may also be
it. In the appraisal, however, of such subjected to disciplinary
attempts to evade liability to which a proceedings.
party should respond, it must ever be
kept in mind that procedural rules are CANON 13: AVOIDING IMPROPRIETY
intended as an aid to justice, not as THAT TENDS TO INFLUENCE THE COURT
means for its frustration. Technicalities A lawyer shall rely upon the
should give way to the realities of the merits of his cause and refrain from any
situation. (Economic Insurance Co., Inc. impropriety which tends to influence, or
vs. Uy Realty Co.) gives the appearance of influencing the
court.
The duty of a lawyer to assist in A lawyer shall not extend
the speedy and efficient administration extraordinary attention or hospitality to,
of justice includes the duty to refrain nor seek opportunity for cultivating
from talking to his witness during a familiarity with judges [Rule 13.01, Code
break or recess in the trial while the of Professional Responsibility]
witness is still under examination. A lawyer shall not make public
statements in the media regarding a
FORUM SHOPPING - the act of filing pending case tending to arouse public
repetitious suits in different courts. It is opinion for or against a party. [Rule
committed through the following: 13.02, Code of Professional
1. Going from one court to another in Responsibility]
the hope of securing a favorable A lawyer shall not brook nor invite
relief in one court, which another interference by another branch or agency of
court has denied. the government in the normal course of
2. Filing repetitious suits or judicial proceedings. [Rule 13.03 Code of
proceedings in different courts Professional Responsibility]
concerning the same subject
matter after one court has
decided the suit with finality.
ATTORNEY-CLIENT
3. Filing a similar case in a
judicial court after receiving an RELATIONSHIP
unfavorable judgment from an
administrative tribunal. NATURE OF RELATION
1. strictly personal;
Forum shopping is prohibited by 2. highly confidential and
Supreme Court Circular No. 28-91, and fiduciary
the corresponding penalties for violation
thereof are as follows: GENERAL RULES PROTECTING
1. Any violation of this circular ATTORNEY-CLIENT RELATIONSHIPS
shall be a cause for the summary 1. Best efforts must be exerted by
dismissal of the multiple petition the attorney to protect his
or complaint; client’s interest;
Guides for Determining Attorney’s Fees Champertous Contract - one where the
on Quantum Meruit Basis (TINS) lawyer stipulates with his client in the
prosecution of the case that he will bear
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
27
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
Judges shall, in their personal Bercacio [68 SCRA 81]. The Supreme
relations with individual members of the Court held that the rule disqualifying a
legal profession who practice regularly in municipal judge from engaging in the
their court, avoid situations which might practice of law seeks to avoid the evil of
reasonably give rise to the suspicion or possible use of the power and influence
appearance of favoritism or partiality. of his office to affect the outcome of a
(Sec. 3) litigation where he is retained as
Judges shall not allow the use of counsel. Compelling reasons of public
their residence by a member of the legal policy lie behind this prohibition, and
profession to receive clients of the latter judges are expected to conduct
or of other members of the legal themselves in such a manner as to
profession. (Sec. 5) preclude any suspicion that they are
representing the interests of party
PROHIBITION TO DISCLOSE litigant.
INFORMATION In De Castro vs. Capulong [118
Confidential information SCRA 52] a judge who merely acted as a
acquired by judges in their judicial witness to a document and who
capacity shall not be used or disclosed explained to the party waiving his right
by for any other purpose related to their of redemption over the mortgaged
judicial duties. (Sec. 9) properties and the consequences thereof
The prohibition will discourage if does not engage himself in the practice
not stop judges from making business of law.
speculations in some business ventures,
the secrets of which he learned by PROHIBITION AGAINST ACCEPTING
reason of his position as a judge. GIFTS, BEQUEST OR LOANS
The judge may be liable for General Rule: (1) Judges and
violation of Section 3(k) of RA 3019 – members of their families, as well as (2)
“divulging valuable information of a court staff or others subject to their
confidential character, acquired by his influence, direction or authority, shall
office or by him on account of his official neither ask for, nor accept, any gift,
position to unauthorized persons or bequest, loan or favor in relation to
releasing such information in advance of anything done or to be done or omitted
its authorized release due.” to be done by him or her in connection
Violation of the rule may also with the performance of judicial duties.
lead to “revelation of secrets by an (Sec. 13 and 14)
officer” or to “revelation of the secrets Exception: Subject to law and to any
of a private individual” punishable by legal requirements of public disclosure,
Articles 229 and 230 of the Revised judges may receive a token, gift, award
Penal Code respectively. or benefit as appropriate to the occasion
on which it is made provided that such
gift, award or benefit might not
reasonably be perceived as intended to
influence the judge in the performance
PROHIBITION TO PRACTICE LAW of judicial duties or otherwise give rise
Judges shall not practice law to an appearance of partiality.(Sec. 15)
whilst the holder of judicial office. (Sec.
11) Bribery; Direct or Indirect
Section 35 of Rule 138 of Rules Acceptance of gifts given by
of Court prohibits judges, officials or reason of the office of the judge is
employees of superior courts xxx from indirect bribery [Art. 211 Revised Penal
engaging in private practice as members Code] and when he agrees to perform an
of the bar and in giving professional act constituting a crime in connection
advice to clients. with the performance of his official
duties in consideration of any offer,
CASES: The reason for the prohibition promise, gift or present receive by such
has been explained in Dia-Anonuevo vs.
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
46 2005 CENTRALIZED BAR OPERATIONS
held that judges are expected to keep A judge should regulate extra-
abreast of developments in law and judicial activities so as to minimize the
jurisprudence. The SC does not risk of conflict with judicial duties.
countenance respondent judge’s failure
to inform himself of recent AVOCATIONAL/CIVIC/CHARITABLE
jurisprudential rules. His error, while an ACTIVITIES
honest one and committed for the A judge may engage in the
purpose of achieving the ends of justice, following activities provided that they do
must never happen again. Respondent not interfere with the performance of
judge was reprimanded for IGNORANCE judicial duties or detract from the
OF THE LAW. dignity of the court: write, lecture,
Where a partner accepts public teach and speak on non-legal subject
office, he shall withdraw from the firm a. engage in the arts, sports and
and his name shall be dropped from the other special recreational
firm name unless the law allows him to activities
practice concurrently. [Rule 3.03] b. participate in civic and
A judge cannot take refuge charitable activities
behind the inefficiency or c. serve as an officer, director,
mismanagement by court personnel. trustee, or non-legal advisor of a
Proper and efficient court management non-profit or non-political,
is as much as his responsibility. It is also educational, religious,
his duty to organize and supervise the charitable, and fraternal or civic
court personnel to ensure the prompt organization. [Rule 5.01]
and efficient dispatch of business.
FINANCIAL ACTIVITIES
CANON 4: ENGAGING IN ACTIVITIES TO A judge shall refrain from financial
IMPROVE THE LAW and business dealings:
A judge may, with due regard to 1. that tend to reflect adversely on the
official duties, engage in activities to court’s impartiality
improve the law, the legal system and 2. that interfere with the proper
the administration of justice. performance of judicial activities
A judge may, to the extent that 3. that increase involvement with
the following activities do not impair the lawyers or persons likely to come
performance of judicial duties or cast before the court [Rule 5.02]
doubt on the judge’s impartiality: A judge should so manage
a. speak, write, lecture, teach or investments and other financial interests
participate in activities as to minimize the number of cases
concerning the law, the legal giving grounds for disqualification.
system and the administration of Subject to the provisions of the
justice; preceding rule, a judge may hold and
b. appear at public hearing before manage investments but should not serve
a legislative or executive body as an officer, director, manager, advisor,
on matters concerning the law, or employee of any business except as
the legal system or the director of a family business of the
administration of justice and judge. [Rule 5.03]
otherwise consult with them on
matter concerning the FIDUCIARY ACTIVITIES
administration of justice;
c. serve on any organization PROHIBITION TO SERVE AS EXECUTOR,
devoted to the improvement of ADMINISTRATOR, ETC.
the law, the legal system or the General Rule: The judge shall not
administration of justice. [Rule serve as (a) executor, (b) administrator,
4.01] (c) trustee, (d) guardian, (e) fiduciary.
Exception: when the estate, trust,
CANON 5: REGULATION OF THE ward or person for whom he will act as
EXTRAJUDICIAL ACTIVITIES OF A JUDGE executor, administrator, trustee,
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
49
MEMORY AID IN LEGAL ETHICS AND PRACTICAL EXERCISES
guardian or fiduciary is a member of the disciplinary action even though such acts
immediate family- which is limited to are erroneous. He can’t be subject to
the spouse and relatives within the liability – criminal, civil, administrative
second degree of consanguinity – for any of his official acts, no matter
provided that the judge’s services as how erroneous, so long as he acts in
fiduciary shall not interfere with the good faith. In such a case, the remedy of
performance of his judicial functions aggrieved party is not to file
[Rule 5.06]. administrative complaint against the
In such exceptional cases, the judge judge but to elevate error to higher
SHALL NOT: court for review and correction
a. serve in proceeding that might
come before the court of said When a Judge May Be Held Liable:
judge Civil, Criminal and Administrative
b. act as such contrary to Rules 1. Malfeasance
5.02 to 5.05. 2. Misfeasance
(Note: the relationship mentioned is 3. Knowingly rendering
by consanguinity and not by affinity.) unjust judgment or interlocutory
order
PROHIBITION TO BE APPOINTED IN 4. Malicious delay in
QUASI-JUDICIAL AND ADMINISTRATIVE administration of justice
AGENCIES 5. Giving private party
A judge shall not accept unwarranted benefit in exercise
appointment or designation to any of judicial function thru manifest
agency performing quasi-judicial or partiality, evident bad faith and
administrative functions. [Rule 5.09] gross inexcusable negligence.
The prohibition is based on
Section 12, Art. VIII of the Constitution CIVIL LIABILITIES OF JUDGES IN
which provides: “The members of the RELATION TO THEIR OFFICIAL
Supreme Court and of other courts FUNCTIONS
established by law shall not be 1. Any public officer or employee or any
designated to any agency performing private individual, who directly or
quasi-judicial or administrative indirectly obstructs, defeats and violates
functions.” or in any manner impedes or impairs the
The appointment to such civil rights and liberties of persons shall
positions will likely interfere with the be liable for damages. [Art. 32, Civil
performance of the judicial functions of Code]
a judge hence, the prohibition. The responsibility for damages is
not however demandable of judges
PROHIBITION TO ENGAGE IN POLITICAL except when the act or omission of the
ACTIVITIES judge constitutes a violation of the Penal
A judge is entitled to entertain Code or other penal statute. [Art. 32,
personal views on political questions. But last par.]
to avoid suspicion of political 2. A judge who willfully or negligently
partisanship, a judge shall not make renders a decision causing damages to
political speeches, contribute to party another, shall indemnify the latter for
funds, publicly endorse candidates for the same.
political office or participate in other A judge is also civilly liable for
partisan political activities. [Rule 5.10] damages, if in refusing or neglecting to
decide a case without just cause, a
person suffered material or moral loss
LIABILITY OF JUDGES without prejudice to any administrative
action that may be taken against him.
In the absence of fraud, [Art. 27, Civil Code]
dishonesty or corruption, acts of judge in
his judicial capacity not subject to DISABILITIES OF JUDGES UNDER THE
CIVIL CODE
LEGAL ETHICS AND PRACTICAL EXERCISES COMMITTEE
CHAIRPERSON: Jackie Lou Bautista ASSISTANT CHAIRPERSON: Catherine Jane Vanilla SUBJECT HEADS: Ma. Ricasion Tugadi
(Legal Ethics), Mary Wendy Duran(Practical Exercises) EDP: Raphy Espiritu MEMBERS: John Dale Balinan, Malou
Barrios,
Catherine Bool-Nuňez, Melanie Caparas, Kristian Cristobal, Remegio Dayandayan, Jr., Gerald dela Cruz, Donna
Dumpit, JB
Roselle Gayona, Rhea Mangubat, Joyce Marie Marquez, Rowena Mutia, Maan Salada, Melamy Salvadora, Vin-
Kristine Ventura
50 2005 CENTRALIZED BAR OPERATIONS
1. Art. 1491. The following persons rendering an unjust judgment. [Abad vs.
cannot acquire by purchase, even at a Blaza, 145 SCRA 1]
public or judicial action, either in person
or through the mediation of another: 2. Judgment Rendered Through
xxx Negligence – Any judge who, by reason
(5) Justices, judges, prosecuting of inexcusable negligence or ignorance
attorneys, clerks of superior and inferior shall render a manifestly unjust
courts and other officers and employees judgment in any case submitted to him
connected with the administration of for decision shall be punished by arresto
justice, the property and rights in mayor and temporary special
litigation or levied upon an execution disqualification. [Art. 205 Revised Penal
before the court within whose Code]
jurisdiction or territory they exercise Negligence and ignorance are
their respective functions, this inexcusable if they imply a manifest
prohibition includes the act of acquiring injustice which cannot be explained by
by assignment and shall apply to reasonable interpretation. [In Re
lawyers, with respect to the property Climaco, 55 SCRA 107]
and rights which may be the object of
any litigation in which they may take 4. Knowingly Rendering an Unjust
part by virtue of their profession. Interlocutory Order – Any judge who
Xxx shall knowingly render an unjust
interlocutory order or decree shall
2. Art. 739. Donations made to a judge, suffer the penalty of arresto mayor
his wife, descendants and ascendants by in its minimum period and
reason of his office are void. suspension; but if he shall have
acted by reason of inexcusable
CRIMINAL LIABILITIES OF JUDGES IN negligence or ignorance and the
RELATION TO THEIR OFFICIAL interlocutory order or decree be
FUNCTIONS manifestly unjust, the penalty shall
1. Misfeasance be suspension. [Art. 206, Revised
a. Knowingly Rendering Penal Code]
Unjust Judgment - Any judge who
shall knowingly render an unjust 5. Maliciously Delaying the
judgment in any case submitted to Administration of Justice – The
him for decision shall be punished penalty of prision correccional in its
by prision mayor and perpetual minimum period shall be imposed
absolute disqualification. [Art. 204 upon any judge guilty of malicious
Revised Penal Code] delay in the administration of
b. Manifestly Unjust justice.
Judgment- it is one which is so To make the judge liable, the act
patently against the law, public must be committed maliciously with
order, public policy and good deliberate intent to prejudice a party in
morals that a person of ordinary a case.
discernment can easily sense its
invalidity and injustice.
In order that a judge may be held 6. Malfeasance Under the Anti-Graft
liable for knowingly rendering an unjust and Corrupt Practices Act
judgment, it must be shown beyond A judge is criminally liable for
doubt that the judgment is unjust as it is causing an undue injury to a person or
contrary to law or is not supported by giving any private party an unwarranted
evidence and the same was made with benefit, advantage or preference in the
conscious and deliberate intent to do an discharge of his official function through
injustice. [In Re: Climaco, 55 SCRA 107] manifest partiality, evident bad faith
If the decision rendered by the judge and gross inexcusable negligence.
is still on appeal, the judge cannot be [Section 3(e), R.A. 3019]
disqualified on the ground of knowingly